1. ) ANDREW HENG 2. ) MASMEYER DEVELOPMENT SDN. BHD. (Dalam Likuidasi) CHONG KOK WOOI (bertindak atas kapasiti sendiri dan juga mewakili kumpulan pemilik-pemilik unit kondominium Marinox Sky Villas)

1. ) ANDREW HENG 2. ) MASMEYER DEVELOPMENT SDN. BHD. (Dalam Likuidasi) CHONG KOK WOOI (bertindak atas kapasiti sendiri dan juga mewakili kumpulan pemilik-pemilik unit kondominium Marinox Sky Villas)

The Court of Appeal held that the High Court erred in permitting the originating summons without prior leave of the winding-up court: leave is required for proceedings against a court-appointed liquidator and for proceedings against a wound-up company where liability is sought to be fastened; accordingly the High Court order was set aside and the respondent's originating summons dismissed.

Citation
P-02(NCvC)(A)-431-03/2024 (Mahkamah Rayuan)
Parties
1st Appellant / Liquidator: Andrew Heng; 2nd Appellant / Company in Liquidation: Masmeyer Development Sdn. Bhd. (Dalam Likuidasi); Respondent / Purchaser and Representative of Unit Owners: Chong Kok Wooi
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
26 June 2025
Case Number
P-02(NCvC)(A)-431-03/2024 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Appeal From High Court Judgment on Originating Summons
Outcome
Appeal allowed in part; High Court decision reversed and set aside; respondent's originating summons dismissed
Legal Topics
Leave to Commence Proceedings Against Liquidator, Winding Up, Remuneration of Liquidator, Strata Title Transfer, Housing Development (control and Licencing) Act 1966
Source Language
Malay/English
Company Law Insolvency Law Civil Procedure Property Law Administrative Law Leave to Commence Proceedings Against Liquidator Winding Up Remuneration of Liquidator +2 more

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Parties

Andrew Heng

1st Appellant / Liquidator

Masmeyer Development Sdn. Bhd. (Dalam Likuidasi)

2nd Appellant / Company in Liquidation

Chong Kok Wooi

Respondent / Purchaser and Representative of Unit Owners

Procedural Posture

Civil Appeal (court of Appeal) / Appeal From High Court Judgment on Originating Summons

Legal Issues

  1. 1 Whether leave of the court is required before a person may commence proceedings against a court-appointed liquidator or a wound-up company
  2. 2 Whether the liquidator acted within statutory powers when imposing an RM8,000 administrative fee per unit

Ratio Decidendi

The Court of Appeal held that the High Court erred in permitting the originating summons without prior leave of the winding-up court: leave is required for proceedings against a court-appointed liquidator and for proceedings against a wound-up company where liability is sought to be fastened; accordingly the High Court order was set aside and the respondent's originating summons dismissed.

Court Disposition

Appeal allowed in part; High Court decision reversed and set aside; respondent's originating summons dismissed

Orders

  • High Court order dated 7.11.2023 set aside
  • Respondent's originating summons dismissed